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Agenda item

Agenda item

REVIEW OF AN EXISTING PREMISES LICENSE - ABU DANIEL

The Director of Neighbourhood and Environmental Services submits a report in respect of an application for a review of an existing premises licence.

Minutes:

The Director of Neighbourhood and Environmental Services submitted a report

on an application for the review of an existing premises licence for Abu Daniel, Belgrave House, 161 Belgrave Gate, Leicester LE1 3HS.

 

Mr Mohammad Attuf, Premises License Holder (PLH) was present. Chris White and Vandana Lad from the Noise and Pollution team were present. Also present was the Licensing Team Manager (Policy and Applications) and the Legal Adviser to the Sub-Committee.

 

The Licensing Team Manager (Policy and Applications) presented the report and outlined details of the application. It was noted an application was received on 13 October 2022 from the Noise Team for a review of the existing premises  licence for Abu Daniel. The application was made on the grounds of the prevention of public nuisance. The Noise Team were concerned that the premises had caused nuisance to nearby residential properties by playing amplified music and that due to the open front of the premises the nuisance cannot be limited.

 

Mr White was given the opportunity to outline the details of the report from the Noise and Pollution Team, in support of the representation and answered questions from Members.

 

Mr Attuf was given the opportunity to address the Sub-Committee and answered questions from the Noise and Pollution Officer’s and Members.

 

All parties present were then given the opportunity to sum up their positions

and make any final comments.

 

The Sub-Committee received legal advice from the Legal Adviser to the Sub-Committee in the presence of all those present and were advised of the options

available to them in making their decision. The Sub-Committee were also

advised of the relevant policy and statutory guidance that needed to be taken

into account when making their decision.

 

In reaching their decision, Members felt they should deliberate in private on the

basis that this was in the public interest, and as such outweighed the public

interest of their deliberation taking place with the parties represented present,

in accordance with the Licensing Act 2003 (Hearings) Regulations 2005.

 

The Chair announced that the decision and reasons would be

announced in writing within five working days. The Chair informed the meeting

that the Legal Adviser to the Sub-Committee would be called back to give

advice on the wording of the decision.

 

The Chair then informed the meeting that all but the Democratic Support

Officers should withdraw from the room. The Sub-Committee then deliberated

in private to consider their decision.

 

In reviewing the Premises Licence the Sub-Committee considered the Licensing Officer’s Report and all the representations, both written and oral. The Sub-Committee took account of the Statutory Guidance, the Regulators’ Code, and the Council’s Licensing Policy.

 

The Sub-Committee recalled the Legal Adviser to the Sub-Committee to give advice on the wording of the decision.

 

RESOLVED:

It was appropriate for the promotion of the licensing objective of the prevention of public nuisance that the premises license for Abu Daniel, Belgrave House, 161 Belgrave Gate, Leicester LE1 3HS be amended to remove the following licensable activities and add an additional condition.

 

Removed Licensable Activities

 

1.     The performance of plays (indoors and outdoors);

2.     The provision of indoor sporting events;

3.     The playing of recorded music (indoors and outdoors)

4.     The provision of entertainment of a similar description to that falling within a performance of live music

5.     Any playing of recorded music or a performance of dance (indoors and outdoors).

 

Additional Condition

 

1.     No live music or recorded music, whether amplified or not, shall be played at the premises between 10pm and 11pm daily. This condition has been added under s177A(4) of the Licensing Act 2003 on review of the Licence so that the exemption otherwise detailed in s177A(1) & (2) does not apply.

 

REASONS FOR THE DECISION

 

Members were concerned at the statutory nuisances witnessed by the Noise Team and noted in particular that this was on occasion witnessed in another street to the location of the premises. Mr Attuf had been warned by the Noise Team but the noise nuisance continued. Members feel it appropriate in those circumstances to remove the requested licensable activities from the Licence.

 

In noting that no complaints have been made earlier than 10pm, Members did not find it appropriate to disapply the Live Music Act 2012 exemption in its entirety by condition on the Licence. Rather it has been disapplied only in so far as is appropriate to reflect the timings when complaints had been made.

 

Moving forward, Members made it clear that in the event further nuisance continues, they would anticipate that the matter would be referred again for further review of the Licence. Equally, Members would hope that Mr Attuf will be able to work with the Noise Team. In that event, it may be as time progresses, in the absence of any further complaints, that Mr Attuf may be able to successfully apply for variation of the Licence to reintroduce some of the licensable activities.

 

 

 

 

 

Supporting documents: